What criminal charges can I Press?

kaoshen · #1 07-21-2006, 07:08 AM

I sold a phone on ebay a month ago and the person received it in excellent condition. He wanted to return the phone and disputed me with paypal and lost twice. He decided to sue me in court because I advertised the phone as Cingular and it was an Alltell phone. I was unable to make the court date and he won because i could not show. Now he told them he wanted $350 and 5% interest per day. He then filed with his Credit card company for an additional $350. After all this he is also emailing me demanding $364 for the phone and court costs. Is this a criminal charge of fraud for asking over what he is entitled to and keeping the phone and what laws have been violated. The biggest problem is that he never returned the phone!

Mr. Knowitall · #2 07-21-2006, 07:19 AM

Criminal charges because he got a default judgment against you when you failed to appear in court and failed to request a continuance? Good luck.

You're both in the same state? What state does that happen to be?

You should look into any remedies you have following the small claims judgment, if you haven't waited too long to avail yourself of them.

kaoshen · #3 07-21-2006, 07:43 AM

I'm not sure if it's small claims or not but I believe so. I live in North Carolina and he is in Virginia. He has also been harrassing me with emails threatening to make reports to the creidt cards and seize property and etc. i'm thinking possible refund fraud and charges for trying to receive more than is entitled to him. He still has not returned the phone. He failed his dispute with ebay and paypal and lied to his credit card to get a claim and then used the courts to get another claim. The claim was supposed to be handled in Durham, NC is there a possible way to void judgement and bring it to durham, NC after it has been passed. It still has not been appealed. Help anyone especially the seniors on this forum!!

Mr. Knowitall · #4 07-21-2006, 08:18 AM

Laws vary by state. If you don't bother to tell us where the small claims action was filed, nobody can suggest anything.

kaoshen · #5 07-21-2006, 09:37 AM

Quoting Mr. Knowitall

Laws vary by state. If you don't bother to tell us where the small claims action was filed, nobody can suggest anything.

small claim was charged in seaford, virgnia

Mr. Knowitall · #6 07-21-2006, 09:57 AM

Information is here.

Quoting Virginia Small Claims Court Appeals

So long as the amount in controversy exceeds $50, either the plaintiff or the defendant has a right to appeal any decision of the general district court to the circuit court, the next level of court in the Virginia system. After a party notes an appeal, which is usually done at the end of the trial but must be done within ten days after the entry of judgment, the judge will set an appeal bond of a certain amount of money. Within 30 days after judgment is entered, an appealing party must perfect the appeal by posting the required bond with the clerk of the court. In circuit court, a jury may be requested if the claim exceeds $100.

If you didn't do anything which would give the Virginia court jurisdiction over you, and obviously I have no way of knowing what you did or did not do, you may be able to challenge the verdict on the basis that the court did not have personal jurisdiction over you due to your lack of contact with the state.